Surrogacy And Cross-Border Parentage Disputes
- IJLLR Journal
- 1 hour ago
- 2 min read
G. Roobasri, B.Com (C.A), LLB (Hons.), Vinayaka Mission's Law School (VMLS)
M. Bhagavathkavitha, BBA LLB (Hons.), Vinayaka Mission's Law School (VMLS)
ABSTRACT
Surrogacy is a reproductive method in which a woman carries and gives birth to a child on behalf of another couple who are unable to conceive naturally. In India, surrogacy is regulated by law and certain conditions must be fulfilled, such as the requirement that the couple must be married for a specific period and must prove infertility. After fulfilling these conditions, a surrogate mother may be chosen either from relatives or through medical institutions. Although surrogacy helps many couples to build families, the situation becomes more complicated when the arrangement takes place between different countries, which is known as cross-border surrogacy.
Cross-border surrogacy raises several legal challenges. One of the main problems is determining legal parentage. In some countries, the surrogate mother is legally recognized as the child’s mother, while in other countries the intended parents are recognized as the legal parents. This difference in legal systems creates conflicts and uncertainty. Another major issue is citizenship. A child born in one country to parents from another country may face difficulties in obtaining nationality, which can sometimes lead to the risk of statelessness. Jurisdictional issues also arise when courts must decide which country has the authority to resolve disputes related to surrogacy agreements.
The absence of a strong international legal framework further complicates the situation. Currently, there is no binding international treaty that specifically regulates cross-border surrogacy, although international organizations have been studying the issue. Because of this gap, courts often rely on case law to resolve disputes and to protect the interests of the child and the parties involved.
From a human rights perspective, cross-border surrogacy affects the rights of the intended parents, the surrogate mother, and the child. Therefore, clear national laws, international cooperation, and proper safeguards are necessary to ensure fairness, protect human dignity, and prioritize the best interests of the child.
